Other conditions decisions — 2011

The Veteran's claim for increased ratings for residuals of a fracture of the maxilla is being remanded due to incomplete examination findings and lack of compliance with previous Board instructions.

The Veteran's TDIU claim is being remanded for further development, including a medical examination to determine if his service-connected disabilities prevent him from securing and following a substantially gainful occupation. The case will be referred to the Director of Compensation and Pension Service for extraschedular consideration if it is determined that he is unemployable by reason of his service-connected disabilities.

The Veteran's current colon damage (proctitis) was not proximately due to carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA in furnishing the radiation therapy for prostate cancer.

The Board has determined that the Veteran's respiratory disorder and muscle twitching are due to an undiagnosed illness, likely Gulf War Syndrome. Service connection is granted for these conditions.

The Board has remanded the case for further development, including obtaining VA medical records and arranging for a VA examination of the Veteran's low back disability.

The Veteran's claim for a rating in excess of 60 percent for intervertebral disc syndrome was denied. The issue regarding an effective date prior to November 9, 2009 for the grant of TDIU was also denied.

The Board has remanded the case for additional development due to an inadequate VA examination. The Veteran's claim for service connection for residuals of a fracture of his left middle finger is being returned to the agency of original jurisdiction (AOJ) for further action.

The Board found that the Veteran's death was not caused by a disability incurred in or aggravated by service, including his service-connected PTSD.

The Board has determined that the Veteran does not have a current diagnosis of sleep apnea and finds no evidence linking his reported symptoms to service. As such, the claim for service connection for a sleep disorder is denied.

The Veteran's service-connected cystitis was primarily manifested by urinary leakage requiring the use of 3 absorbent pads or less per day prior to December 22, 2006. For the time period since December 22, 2006, it has been primarily manifested by urinary leakage requiring the use of more than 4 absorbent pads per day. The Veteran's claim for an increased rating and earlier effective date have not met the criteria for a higher disability rating or earlier effective date.

The VA has denied the appellant's claims for increased evaluations for his service-connected left knee disability, finding that the evidence does not support a higher rating prior to November 10, 2008 and from January 1, 2009.

The Board found that the Veteran's bilateral eye disability, claimed as subfoveal choroidal neovascular membrane of the right eye, status post photodynamic therapy, was not present during active service and is not etiologically related to active service. The Board also determined that it is not proximately due to or the result of service-connected diabetes mellitus.

The Veteran does not have a distinct sleep disorder that is attributable to his active military service, and the Board finds that any sleep apnea he has developed is less likely as not related to his service-connected PTSD.

The Veteran's claim for an increased rating for residuals of duodenal ulcer with partial gastrectomy was granted, and he is now rated at 60 percent. The issue of TDIU remains pending.

The Veteran is appealing the denial of his claim for service connection for chronic brain syndrome secondary to cerebral and intracranial trauma. The Board will consider whether new evidence has been submitted that would allow him to reopen this claim.

The Veteran's claims for compensation under 38 U.S.C.A. § 1151 for pancreatitis and an incisional hernia, as well as his service connection claims for diabetes mellitus and depression secondary to pancreatitis, were denied due to lack of evidence showing negligence or improper care by VA.

The Veteran's son, J.L., received an increased apportionment of $300.00 per month from April 1, 2004 to April [redacted], 2006 due to his special needs.

The Veteran's claim for service connection for cardiovascular signs and symptoms, including an abnormal EKG, irregular heartbeat, valve prolapsed, and heart arrhythmia is being remanded due to the need for additional medical records and a VA examination.

The Board has determined that the claim cannot be reopened as there is no new and material evidence to support the veteran's request for non-service-connected pension.

The Veteran's mechanical back pain was evaluated at a 10% rating, and the issues of total disability based on individual unemployability were denied.